Title:
1Heres the rule for bargains Do other
men, for they would do you. Thats the true
business precept. Charles Dickens. Martin
Chuzzlewit.Â
2Sellers and descriptions
3Sale by description17 (1) In a
contract for the sale or lease of goods by
description, there is an implied condition that
the goods must correspond with the
description.(2) If the sale or lease is by
sample, as well as by description, it is not
sufficient that the bulk of the goods correspond
with the sample if the goods do not also
correspond with the description.
4Implied conditions as to quality
or fitness18 Subject to this and any other Act,
there is no implied warranty or condition as to
the quality or fitness for any particular purpose
of goods supplied under a contract of sale or
lease, except as follows(a) if the buyer or
lessee, expressly or by implication, makes known
to the seller or lessor the particular purpose
for which the goods are required, so as to show
that the buyer or lessee relies on the seller's
or lessor's skill or judgment, and the goods are
of a description that it is in the course of the
seller's or lessor's business to supply, whether
the seller or lessor is the manufacturer or not,
there is an implied condition that the goods are
reasonably fit for that purpose except that in
the case of a contract for the sale or lease of a
specified article under its patent or other trade
name, there is no implied condition as to its
fitness for any particular purposeÂ
5(b) if goods are bought by
description from a seller or lessor who deals in
goods of that description, whether the seller or
lessor is the manufacturer or not, there is an
implied condition that the goods are of
merchantable quality but if the buyer or lessee
has examined the goods there is no implied
condition as regards defects that the examination
ought to have revealed
6Delivery of wrong quantity34 (5) If
the seller delivers to the buyer the goods the
seller contracted to sell mixed with the goods of
a different description not included in the
contract, the buyer may(a) accept the goods that
are in accordance with the contract and reject
the rest, or(b) reject the whole.
7Ashington Piggeries v. Christopher Hill (1972)
8Â The impersonal test of the common
intention of the parties.Â
9Sale by description17 (1) In a
contract for the sale or lease of goods by
description, there is an implied condition that
the goods must correspond with the
description.(2) If the sale or lease is by
sample, as well as by description, it is not
sufficient that the bulk of the goods correspond
with the sample if the goods do not also
correspond with the description.
10Per Lord Wilberforce Would the man in the
market have accepted the goods as such?
11Arcos case perfect tender
12There are two steps to handling the
description issue Step 1 Determine whether a
sale is indeed by description, and if soStep 2
Determine whether the goods correspond with the
description.